CITY OF BELL GARDENS
.,. CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY
DEVELOPMENT COMMISSION
u11
JOINT MEETING
" ... MONDAY, JANUARY 9,2023, 6:00 PM
MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:
IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will,have seating available for members of the public to attend the meeting in-person. For your safety, space is currently limited to 50 members of the public. Masking is required for all in attendance. Public comments are limited to three (3)minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council/Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.
BY TELEPHONE: Phone Number (669)901' 9128 WebinarID 813 3231:" 4343# Passcode: °,20 1// To address the City Council press"19 to raise your hand then' to unmute yourself when instructed.
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Comments may also be made via the Zoom app by using the "Raise Hand"feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.
WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201.To ensure distribution to the members of the City Council/Agency Members prior to consideration of the agenda, please submit comments no later than one (1)hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council/SuccessorAgency and will be part of the official public record of this meeting.
For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at(562)806-7704.
CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City
Council/Successor Agency held a Joint Regular meeting on January 9, 2023, via teleconference and in- person in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the joint meeting to order at 6:02 p.m.
INVOCATION
The invocation was given by Pastor Reynaldo Leal.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Girl Scout Brownie Troop#2543.
ROLL CALL OF CITY COUNCIL/SUCCESSOR AGENCY MEMBERS
Present:
Marco Barcena, Council Member
Jorgel Chavez, Council Member
Maria Pulido, Council Member
Francis De Leon Sanchez, Mayor Pro Tern
Alejandra Cortez, Mayor
Absent:
None
PRESENTATIONS
Presentation was moved to the January 23, 2023 City Council/ Successor Agency to the Community Development Commission Joint Meeting.
• GRID ALTERNATIVES -GREATER LOS ANGELES
City Manager Michael O'Kelly announced that this item will be heard at the next regularly scheduled meeting.
PUBLIC COMMENTS ONAGENDAITEMS ONLY
Attorney Jerry Ruiz from Frost Brown Todd, Alvarado Smith Law Firm introduced himself to the City Council and made himself available to answer any questions regarding the Bell Gardens Park View Terrace Apartments.
SUCCESSOR AGENCY CONSENT CALENDAR(item Nos. 1 -3)
City Clerk Daisy Gomez announced that minutes for the January 24, 2022, and August 22, 2022 were previously approved at the December 12, 2022 meeting and were inadvertently added to this meeting.
Mayor Pro Tem/Vice Chair De Leon Sanchez announced her abstention from Consent Calendar Item No. 1.
A motion was made by Member Marco Barcena, seconded by Member Jorgel Chavez to approve Consent Calendar Item Nos. 1-3, with Mayor Pro Tem/Vice Chair De Leon Sanchez abstaining Item No
1. The motion carried 4-0-1 with the following vote for Item No. 1:
AYES: Barcena, Chavez, Pulido, Cortez
NOES: None
ABSENT- None
ABSTAIN: De Leon Sanchez
The motion carried 5-0 with the following vote for Item Nos. 2 and 3:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
1. APPROVAL MINUTES OF JANUARY 24. 2022. AUGUST 22, 2022, NOVEMBER 14, 2022, AND DECEMBER 12,2022 SUCCESSORAGENCY REGULAR MEETING
Approve the minutes of the January 24, 2022, August 22, 2022, November 14, 2022, and December 12,2022 Regular Successor Agency Meeting.
Recommendation:
It is staff's recommendation that the Successor Agency approve the minutes of the Regular Successor Agency meeting of January 24, 2022, August 22, 2022, November 14, 2022, and December 12, 2022.
2. WARRANT REGISTER SUCCESSORAGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the SuccessorAgency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is recommended that the Successor Agency Members receive and file the warrant registers dated 11/29/22 and 12/13/22.
3. A JOINT RESOLUTION OF CITY COUNCIL AND SUCCESSOR AGENCY APPROVING
BG HOUSING PARTNERS' SUBORDINATION REQUEST OF THE SUCCESSOR A(jENQY'S LOAN AND ACCOMODATION DEED OF TRUST FOR THE CONTINUED -AN
USE OF CITY PROPERTY AS COLLATERAL FOR THE REFINANCE OF SENIOR
HOUSING PROPERTY LOCATED AT-67-22 CL iRA19 REET
Joint City Council and Successor Agency Resolution agreeing to the subordination of the Successor Agency's existing loan for the property located at 6722 Clara Street (A.K.A., Parkview Terrace Senior Housing operated by BG Housing Partners, LLC) (APN: 6228-028-019) (the "Property") to the new refinanced loan and agreeing to allow a deed of trust to be placed on the Property as collateral for the new refinanced loan.
[This Staff Report has been prepared for concurrent actions of the Successor Agency and the City Council. The documents require signatures from both the Successor Agency and the City Council.] Recommendation:
It is staff's recommendation that by concurrent action, the City Council and Successor Agency approve the Joint Resolution agreeing to the subordination of the Successor Agency's existing loan for the property located at 6722 Clara Street(A.K.A., Parkview Terrace Senior Housing operated by BG Housing Partners, LLC) (APN: 6228-028-019) (the "Property") to the new refinanced loan and agreeing to allow a deed of trust to be placed on the Property as collateral for the new refinanced loan.
Successor Agency Resolution No.2023-01.
City Council Resolution No.2023-01.
CITY COUNCIL PUBLIC HEARING (Item Nos.4-5)
4. CO-N AERATION OF A GENERAL. PLAN--AMENDMENT AND ADOPTION OF AN OFFICIALHNIN MAP: INTRODUCTIONAN ORDINANCE AMENDIN TITLE (ZONINGAND PLANNING REGULATIONS): AND ADOPTION OF A NEGATIVE.
RECLARATMNINCOMPLIAN E WITH THE CALIFORNIA-ENV—IRQNM ENTAL—ENV—IRO QUALITY ACT
The Bell Gardens General Plan is a comprehensive, long-range blueprint for the City's future, serves as its constitution, and was last fully revisited and amended in 1995. The General Plan's Housing Element was further amended on February 14, 2022,for the 2021-2029 planning period in accordance with state law and the California Housing and Community Development Department to implement policies and programs that would facilitate adequate housing production for all economic segments of the community. On November 16, 2022, the Bell Gardens Planning Commission adopted a resolution recommend affirmative City Council action to update official land use and zoning maps, approve a General Plan amendment, and consider a Zoning Code amendment introduced with Ordinance No. 929 to amend Title 9 Zoning and Planning of the Bell Gardens Municipal Code in keeping with previous actions to meet the City's development and growth management goals.
Recommendation:
It is staff's recommendation that the City Council conduct the public hearing, receive testimony, and take the following actions:
1. Find that the prepared Initial Study/Negative Declaration ("IS/ND") reflects the independent judgement of this agency and adopt the negative declaration pursuant to local and California Environmental Quality Act("CEQA") Guidelines
2. ; Approve and adopt the amended General Plan Land Use Map;
3. Approve and adopt the updated Zoning Map;
4. Approve and adopt Zoning Code Amendment 2021-063; and,
5. Waive full reading and introduce Ordinance No. 929 by title only, amending Title 9 of the Bell Gardens Municipal Code ("BGMC"), Zoning and Planning Regulations.
Mayor Alejandra Cortez opened the public hearing at 6:11 p.m. City Manager Michael O'Kelly and Community Director Gustavo Romo introduced the item.
Presentation was provided by Malia Durand, Land Use Environmental Planning Manager at Infrastructure Engineers.
Mayor Alejand ra Cortez closed the public hearing at 6:25 p.m.
A motion was made by Councilmember Jorgel Chavez, seconded by Mayor Pro Tem Francis De Leon Sanchez to approve staff recommendation including the first reading of Ordinance No. 929 and adopt Resolution No. 2023-02.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
5. ADO,PTION,OF.2022 !CALIFQ RNIAB.UILDI'NG CODES
Adoption of the 2022 California Building, Electrical, Plumbing, Mechanical, Residential, Green Building, and Fire Codes.
Recommendation:
Staff recommends that the City Council conduct a public hearing, receive testimony, and waive full reading and introduce Ordinance No. 930 adopting by reference Titles 26 through 31, 2022 Los Angeles County Building Codes and Title 32, 2022 Los Angeles County Fire Code.
Mayor Alejandra Cortez opened the public hearing at 6:25 p.m. City Manager Michael O'Kelly introduced the item.
Presentation provided by Community Development Director Gustavo Romo.
MayorAlejandra Cortez closed the public hearing at 6:31 p.m.
A motion was made by Mayor Pro Tern Francis De Leon Sanchez, seconded by Councilmember Marco Barcena to approve staff recommendation including the first reading of Ordinance No. 930.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.
CITY COUNCIL CONSENT CALENDAR(item Nos. 6-13)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.
Items called for separate discussion will be heard as the next order of business.
A motion was made by Councilwoman Maria Pulido and a second by Mayor Alejandra Cortez, to approve Consent Calendar Item Nos. 6-13.
Mayor Pro Tern Francis De Leon Sanchez abstained from Item No. 9.
The motion carried 5-0 with the following vote for Item Nos. 6 -8 and Item Nos. 10 - 13:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
The motion carried 4-0-1 with the following vote for Item No. 9:
AYES: Barcena, Chavez, Pulido, Cortez
NOES: None
ABSENT. None
ABSTAIN: De Leon Sanchez
6. GENERAL-MDTIDN TO ,,,WAIVE FULL READING AND APPR VE RDINAN E BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT.-CO-Df,$-ECI"..N-3fi9.3-4- In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE
CONDUC OF TELE NFERENCED MEETING OF THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORT H-AMDER—GOVERNIVI ENT CODE SECTION 34NICE I
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing
local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staffs recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty (30) days.
Resolution No. 2023-03.
8. CONSIDERATI N OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2 2 -21
WHICH DECLARED A LOCAL ERGEN Y DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-1%
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-19 as authorized by Govemment Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c)states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVI D-19 in the City of Bell Gardens.
Recommendation:
It is staff's recommendation that the City Council approve the attached resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVI D-19).
Resolution No. 2023-04.
9. APPROVAL MINUTES OF AUGUST 22,2022 CITY COUNCIL REGULAR MEETING Approve the minutes of the August 22, 2022 Regular City Council Meeting.
Recommendation:
It is staff's recommendation that the City Council approve the minutes of the Regular City Council meeting of August 22, 2022.
Mayor Pro Tern De Leon Sanchez recused.
10. WARRANT REGISTERS AND WIRE TRANSFER$
n approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating,
influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11/03/22, 11/17/22, 11/29/22, 12/01/22, 12/06/22, 12/13/22 and 12/14/22.
11. CLAIM REJEC-T
A claim was filed with the City by Armando M. Herman. Staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation. Following the investigation, Carl Warren & Company and City staff determined that the City is not liable for the claims.
Recommendation:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
Armando M. Herman v. City of Bell Gardens (DOE 10/24/2022; DOR 10/27/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
12. ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND TRAFFIC SMJF—T-YJMPROVEMENTS AT T LERAVENUEAND FLO ENCEPLAGE The Department of Public Works received a request to evaluate the intersection of Florence Avenue and Toler Avenue due to safety concerns with vehicles turning onto Florence Place from Toler Avenue. In reviewing the site conditions, installing red curb at the northeast comer of the intersection would improve sight distance for left turning motorists travelling southbound on Toler Avenue to eastbound on Florence Place. In addition, modifying the existing striping along with installing delineators on eastbound Florence Place would provide a safer and clear assignment of right- of-way for traffic from Toler Avenue and from Florence Avenue, travelling eastbound on Florence Place.
Therefore, it is staffs recommendation that the City Council adopt the attached Resolution authorizing Parking Restrictions for the installation of 20 feet of red curb at the northwest corner of the intersection; authorize the extension of the existing solid lane line on eastbound Florence Place east of Florence Avenue/Toler Avenue for approximately 80 feet; authorize the installation of two straight "arrow" pavement markings for eastbound traffic on Florence Place, approximately 100 feet east of Florence Avenue/Toler Avenue; and authorize the installation of delineators/candle sticks to delineate eastbound traffic on Florence Place for approximately 150 feet east of Florence Avenue/Toler Avenue.
Recommendation:
It is staff's recommendation that the City Council by motion;
1. Adopt the attached Resolution authorizing Parking Restrictions; and
2. Authorize the installation of 20 feet of red curb at the northwest comer of the intersection; and
3. Authorize the extension of the exdsting solid lane line on eastbound Florence Place east of
Florence Avenue/Toler Avenue for appro)dmately 80 feet; and
4. Authorize the installation of two straight "arrow" pavement markings for eastbound traffic on Florence Place, appro)dmately 100 feet east of Florence Avenue/Toler Avenue; and
5. Authorize the installation of delineators/candle sticks to delineate eastbound traffic on Florence Place for appro)dmately 150 feet east of Florence Avenue/Toler Avenue.
Resolution No. 2023-05.
13. ADOPT A RESQLUTION AUTHORIZING PARKING HE-5TRICTIONS AT GARFIELD
AVENUE AND SHULL STREET
The Department of Public Works received a request to evaluate the intersection of Garfield Avenue and Shull Street due to safety concerns reporting obstructed view of oncoming Garfield traffic for vehicles turning from Shull Street. In reviewing the site conditions, it was determined that installing red curb at the southwest comer of the intersection would improve sight distance for motorists travelling westbound on Shull Street turning left onto Garfield Avenue. Therefore it is staff's recommendation that City Council adopt the attached resolution authorizing parking restrictions for the installation of 25 feet of red curb at the southwest corner of Garfield Avenue and Shull Street.
Recommendation:
It is staff's recommendation that the City Council by motion;
1. Adopt the attached resolution authorizing parking restrictions; and
2. Authorize the installation of 25 feet of red curb at the southwest corner of Garfield Avenue and Shull Street.
Resolution No.2023-07.
CITY COUNCIL DISCUSSION (item Nos. 14-16)
14. COMMUNITY ENGAGEIVI NT TOOL(CITYAPP) UPDATE
City staff continue to evaluate different mobile app providers that are able to deploy a fully customizable mobile app for the City of Bell Gardens. A Request for Proposals (RFP) will be released in January 2023, staff will review the proposals at the end of February 2023 and a report with a recommendation will be brought back for City Council consideration in March/April 2023.
Recommendation:
It is staff's recommendation that the City Council receive and file.
Presentation was provided by Assistant to the City Manager Hailes Soto.
A motion was made by Councilmember Marco Barcena and seconded by Mayor Pro Tern Francis De Leon Sanchez to receive and file.
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
15. L �NT M�ET�LT
O-CALCOMMISSION
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 worldng days after the posting of the vacancy notice.
Recommendation: .
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
A motion was made by Mayor Alejandra Cortez, second by Councilmember Jorgel Chavez to make the following appointments:
Councilmember Marco Barcena made the following nominations:
-Education Commission: Kristin Paulo
-Planning Commission:Armando Jesus Barcena
-Recreation, Cultural and Youth Commission: Isabel Duron -Senior Citizen Commission:Ana Sanchez
-Traffic and Safety Commission: David Heredia
Councilmember Jorgel Chavez made the following nominations, -Senior Citizen Commission: Diana Rivera
Mayor Pro Tern Francis De Leon Sanchez made the following nominations:
-Education Commission: Gustavo Mendez
-Planning Commission: Gabriela Gomez
-Traffic and Safety Commission: Hugo Alvarado
Mayor Alejandra Cortez made the following nominations:
-Education Commission: Oscar Boado
-Planning Commission:Alexander Villalobos
-Recreation, Cultural and Youth Commission: Carmen Vargas -Senior Citizen Commission: Tiffany Sanchez
-Traffic and Safety Commission: Raul Velasco
The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
16. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.
Recommendation:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
A motion was made by Mayor Alejandra Cortez, second by Councilmember Jorgel Chavez to make the following appointments:
Appoint Councilmember Marco Barcena:
-Alternate HUB Cities Consortium
-Sanitation District of Los Angeles County
-Delegate Southeast Area Animal Control Authority(S EAACA) -Alternate Southern California Association of Governments Appoint Councilmember Jorgel Chavez:
-Alternate California Contract Cities Association
-Alternate Los Angeles County City Selection Committee
Appoint Mayor Pro Tern Francis De Leon:
-Alternate California Cities for Self-Reliance Joint Powers Authority -Delegate Gateway Cities Council of Governments
-Alternate Southeast Area Animal Control Authority(S EAACA) The motion carried 5-0 with the following vote:
AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS ON NON AGENDA ITEMS UNDER THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
Eva requested a copy of the updated Zoning Map discussed during Public Hearing Item No.4.
There was one written public comment that was emailed to City Council in opposition to rent control.
CITY COUNCIL/S UCCESSOR AGENCY MEMBER COMMENTS
The members of the City Council/SuccessorAgency made general comments.
ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 7:03p.m.
Daisy Gomez, City Clerk
Agenda Posted On: January 5,2023.
ADJOURNM ENT
Mayor Alejandra Cortez adjourned the meeting at 7:03p.m.
Daisy Gornezi City Clerk
Agenda Post d On: . - , 2023.